Md. Shakil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31380 of 2024 Arising Out of PS. Case No.-140 Year-2023 Thana- MANIHARI District- Katihar ====================================================== Md. Shakil son of Md. Ghison Village- Idgahpatri Narayanpur Ps- Manihari Dist- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raghvendra Kumar Singh, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-08-2024 Heard learned counsel appearing on behalf of the parties.

2. Learned counsel appearing on behalf of the petitioner submitted that issues, qua, interim maintenance is settled between the parties, where petitioner is ready to pay Rs. 3,500/- per month to O.P. No. 2/wife till pendency of present criminal case or finding of competent family court on the issue of maintenance.

3. The factum of compromise is also affirmed by both parties, who are present in person before this Court.

Patna High Court CR. MISC. No.31380 of 2024(6) dt.20-08-2024 2/3

4. Considering the aforesaid fact that both parties are effectively working on their compromise and as they worked out the major issue, qua, interim maintenance as above, accordingly provisional bail as granted by this court, vide order dated 16.05.2024 is hereby confirmed with same bailors and sureties, subject to the conditions as mentioned under Section 480 (3) of B.N.S.S. with further conditions :- (i) Petitioner shall pay Rs.

3,500/- as an ad-interim maintenance amount to O.P. No.

2/wife on or before 7th day of every English calendar month. Payment for the month of August be made in cash at the time of furnishing bail bond, whereas maintenance amount from the month of September onward be paid through bank account of O.P. No. 2/wife, which is available with petitioner.

(ii) If petitioner fails to pay ad-interim maintenance for two consecutive months the bail bond of petitioner shall be cancelled by the learned Trial Court itself, if pressed by O.P. No. 2/wife.

Patna High Court CR. MISC. No.31380 of 2024(6) dt.20-08-2024 3/3 (iii) Both conditions as above shall remain in force till finding of learned Family Court on maintenance issue.

Amount paid shall be adjusted accordingly, if occasion arises.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T